Zoning,
Rezoning & Sprawl

If you're
concerned about how a zoning issue may affect your neighborhood or
environment anywhere in the USA then contact CEDS at 410-654-3021
(call-text) or Help@ceds.org for an initial no-cost discussion of strategy options.

Zoning is a critical tool for getting the benefits of growth while
minimizing growing pains. But in some communities, zoning is
used to benefit specific property owners or special interests at the expense
of overall quality of life.

If you believe that a proposed rezoning, zoning amendment, conditional
use-special exception permit or other
zoning-related action threatens your quality of life then contact CEDS at
410-654-3021 or Help@ceds.org.
Our advice is available free of charge to citizens seeking to preserve a
neighborhood or the environment from flawed zoning decisions.

Through zoning a locality
(town, city or county) decides how each parcel of land can be used.
Ideally, zoning minimizes the potential for conflicts with other, nearby
residents-property owners with the fewest restrictions on how each property
can be used.

However, some restrictions are essential and commonly include:

the uses allowed on each property;

how close homes and other buildings can be to one another;

building height;

how many homes can be built on a property;

how much of a property can be covered by buildings; and

limits on potential nuisances due to noise, lighting or dust.

Most local ordinances will allow for 20 to 40 zoning classifications or
districts.
Within each district 10 to 50 specific uses are allowed by right, as
accessory uses or by
condition
use-special exception permit:

By-Right or Permitted Uses:
The ordinance will list uses allowed by right within
each zoning district. By-right uses are distinguished from those that
require a special-exception or conditional-use permit. By-right uses
are frequently called permitted uses. The by-right uses can usually
approved by a local planning commission or staff. Uses requiring a
special-exception or conditional-use permit are usually subject to a more
formal legal hearing.

Accessory Uses:
These are activities that are allowed as a normal part
of the principal uses permitted within a zoning district. For example,
swimming pools and parking would be allowed within residential districts
though restrictions may apply to the size of these and other accessory uses.

Conditional
Use & Special Exception Permits: Activities
allowed with a Conditional-Use or Special-Exception permit are usually
compatible with the other uses allowed within a zoning district.
Occasionally though these uses can cause a conflict. Because of this a
more thorough review process is required before a Conditional or Special
Exception Use can be pursued. The process frequently includes a more
formal legal proceeding.For further detail
see the CEDS webpage for: Conditional-Use or
Special-Exception Permits.

Frequently zoning districts are
grouped into categories such as:

Residential;

Commercial; and

Industrial or Manufacturing.

Within these three categories are a number of specific
districts. Examples of typical residential districts
include:

Rural, large-lots such as one house per 2- to 20-acres;

Single-family detached homes at a density of one, two, three or four
per acre;

Single-family attached homes, which could be duplexes but are more
likely to be townhouses; and

Apartment buildings.

Commercial and manufacturing uses are usually separated from residential,
but neighborhood scale retail uses like small shopping centers are
frequently allowed at the edge of residential areas.

Good planning is the key to designing a set of zoning regulations (also
known as zoning ordinances) and zoning maps which will achieve these goals.
At a minimum, every local jurisdiction should have a comprehensive plan
setting forth the goals the community wishes to achieve as the area grows
and the objectives essential to achieving those goals. The plan should
be prepared through a process that encourages maximum participation by all
community members and provides residents with the background information
needed to understand how each alternative will affect their interests.
Zoning and other subdivision or land use regulations as well as zoning maps provide the means to
implement the goals set forth in the comprehensive plan.

Good zoning can only result from a thorough, unbiased analysis of all
realistic options for how locality might grow. Each option is ranked
based on estimates of positive and negative effects. Residents of the
locality then decide which option(s) will provide the best quality of life
for them and their children. Thus, good zoning begins with a plan
meeting these criteria.

Zoning changes should only occur when a comprehensive planning process or
other thorough, public process shows that they will not adversely affect
adjoining property owners. Spot zoning is the
antithesis of such a process. It is usually defined as “the
process of singling out a small parcel of land for a use classification
totally different from that of the surrounding area for the benefit of the
owner of such property and to the detriment of other owners."
Because of the harm resulting from incompatible uses, spot zoning is illegal
in most cases. However, there are instances where it's reasonable to
rezone a property. For further detail click on the following:
Spot Zoning.

Let's say that a land owner needs a change in zoning to pursue a specific
use. However, the zoning regulations allow other uses that would cause
harm to neighbors. While neighbors may not object to the proposed use
other activities allowed once zoning is changed could be quite harmful.
For example, a zoning district may allow single-family homes as well as
landfills. To address this issue someone might propose that the zoning
change be conditioned that only the compatible use can be pursued.
Generally this form of conditional or contract zoning is illegal.

A number of states and localities allow the filing of a protest petition
by those concerned about annexation, rezoning, conditional use or special
exception permits. This action requires a super majority vote to
approve the applicant's request. In other words, to approve the
application two-thirds or three-fourths of the members of the town board or
county council must vote in favor. Otherwise an application can be
approved with a simple majority.

Though the requirements vary, usually a minimum percentage of those
owning property within a set distance of the site must sign a petition with
a specific format then file it a set number of days prior to a hearing or
other event. So, your first step should be to determine if the protest
petition option is available then make certain you meet all the
requirements.

Protest petitions are but one of many steps essential to protecting a
neighborhood from poorly planned growth. However, because it is
frequently key to success we opted to bring it to your attention here.
Keep in mind though that a protest petition is but one of a number of steps
to victory. The other steps are described in our free 300-page book,
How To Win Land Development Issues,
and in the other webpages listed in the right column at the top of this
page. If you lack the time to read through all these materials then
consider retaining CEDS to carry out an Initial
Strategy Analysis, which frequently leads to success at a far lower cost
than simply hiring an attorney.

CEDS exists solely to help citizens win zoning, land development and
environmental issues. Because of this specialization, we can pull together a
top-notch team of leading experts, including a good zoning attorney
practicing in your area, to quickly analyze your situation and develop the
easiest, least expensive strategy
for success. Our strategies employ an aggressive approach on multiple
fronts: legal, technical, and political. Because of this unique approach our
clients win 90% of their cases vs. the much lower success rate typical of
more conventional campaign strategies. And our victories come at a fraction
of the cost.

In Chapter 35 of
our free 300-page book How To
Win Land Development Issues we explain how to find the quickest, most
effective strategy for resolving your zoning-related concerns.
But if time is short then consider a CEDS Initial Strategy Analysis.
We can also help you to raise the funds
needed to hire a good zoning
attorney and the other professionals needed to implement the strategy
quickly. Additionally, we have a nationwide network of more than 135
attorneys who specialize in helping citizens with zoning and other land use
issues.